TMI Blog1961 (8) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... arge volume from Darjeeling, Shillong, Gauhati, Agartala and New Delhi. In or about Aril, 1953 severe electrical interference was observed in the said station and experts attributed the same. to local induction from the first respondent's factory. On October 13, 1953, the Senior Electric Inspector issued a notice to the first respondent to show cause writing as to why an order under s. 34(2)(b) of the Act, read with notification No. 4193-COM, dated August 1 14, 1929 requiring discontinuation of the operation of the Universal Electric Motors in the said factory premises should' not be made. After some correspondence: on: December 1, 1953, the Senior Electric Inspector made an order under a. 34(2)(b) of the Act requiring the first respondent to remedy the injuries affecting the lines used for wireless telegraphic communications at- the Wireless Receiving Centre. On January 12, 1954, the first respondent filed a petition in the High Court at Calcutta under Art. 226 of the Constitution pray for a writ of mandamus or any other appropriate mug writ directing the appellants to withdraw and cancel the said order and to forbear from giving effect to the same. The petition came up fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ric, galvanic or magnetic telegraph, and includes appliances and apparatus for making, transmitting or receiving telegraphic telephonic or other communications means of electricity, galvanism or magnetism. (4) telegraph line means a wire or wires used for the purpose of a telegraph with any casing, coating, tube or pipe enclosing the same and any appliances and apparatus con- nected therewith the purpose of fixing or insulating the same. A combined reading of the relevant provisions of the two Acts may-be expressed thus: 'Telegraph line means a wire or wires used for the purpose of an appliance or apparatus for receiving telegraphic or other communications by means of electricity. If it is established to the satisfaction of the appropriate Government that any works for the generation transmission supply, or use of electrical energy injuriously affects such a telegraph line the said Government is authorized to take appropriate action under.s. 34 of the Act. It is not disputed that in the said factory a number of Universal Electric Motors are operated for the purpose of working electric drills and it is also established that the interference with the reception of mess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;Universal drills during the working hours of the factory caused serious interference by induction to the existing lines as well as to the receiving apparatus containing wires which are/were expressly used for telegraphic communication at the said centre. It is there- fore manifest that wires are used for the purpose of the apparatus receiving communications that is, wires are used not only for the aerial but ISO inside the apparatus. A 'wireless transmitter transmits sound as electromagnetic waves and the said waves are detected by the. aerial and fed into the receiving apparatus by wires. To put it shortly the wires of the aerial as well as of the apparatus are used for the purpose of the apparatus receiving communications.If so, it follows Chit the receiving appartus employs telegraph lines within the meaning of s. 3(4) of the Telegraph Act. The High Court gave two reasons for rejecting the appellants' contention. The first reason is that the word line' in the expression 'telegraph line' connotes the existence of a defined channel of communication which has got a physical existence and that wireless telegraphy is dependent upon transmission through sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . edn., Vol. 2, dealing with the said maxim,-the learned author states at p. 508 as follows As a general rule it may be stated -that legislative intent should be determined as of the time the legislation goes into effect. But surrounding circumstances and situations occurring after the enactment of the statute may be of great or even conclusive assistance in determining a meaning which was intended to be conveyed. Legislative standards are generally couched ill terms which have, considerable breadth. Therefore a. status may be interpreted to include., circumstances or (1) (1906) 1 Ch. 179, 213. situations which were unknown or did not exist at the time of the enactment of the statute. Decided cases accepted the said liberal approach in construing modern statutes. In The Attorney-General v. The Edison Telephone Company of London ((1880) 6 Q. B. D. 244..),a telephone was held to be a telegraph within the meaning of the Telegraphs Acts, 1863 and 1869, although the telephone was not invented or contemplated in 1869. Stephen, T., observed at p. 254 : Of course no one supposes that the legislature intended to refer specifically to telephones many years before they were invente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opments comprehended by the phraseology used. It is more reasonable to confine its intention only to the circumstances obtaining at the time the law was made. But in a modem progressive society it would be unreasonable to confine the intention of a Legislature to the meaning attributable to the word used at the time the law was made, for a modern Legislature making laws to govern a society which is fast moving must be presumed to be aware of an enlarged meaning the same concept might attract with the march of time and with the revolutionary changes brought about in social, economic, political and scientific and other fields of human. activity. Indeed, unless a contrary intention appears, an interpretation should be given to the words used to take in new facts and situations, if the words are capable of comprehending them. We cannot, therefore, agree with the learned Judges of the High Court that the maxim contemporanea expositio could be invoked in construing the word telegraph line in the Act. For the said reasons, we hold that the expression 'telegraph line is sufficiently comprehensive to take in the wires used for the purpose of the apparatus of the Post and Telegrap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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